Representing Employees

Title VII of the Civil Rights Act of 1974 prohibits employers from discriminating against employees because of race, color, religion, sex, or national origin. Despite the efforts of the federal and state government to outlaw these unfair practices, employment discrimination continues to persist in many workplaces.

Understanding and obtaining your rights in the workplace can be challenging and intimidating. With counsel on staff and human resources teams on site, the legal resources available to employers often exceed those available to the individual employee.

If you have been wrongfully terminated or victimized by unlawful business practices in the Los Angeles metropolitan area, it is important you contact an attorney to ensure that you receive the compensation that you deserve.

Locating a Lawyer for Employee Rights in Los Angeles, California

If you think you have been the victim of discrimination at work, you should contact an experienced attorney immediately. Larian Law Firm can work with you to determine if there are grounds for a Title VII claim, assess damages, and represent you in all trial proceedings.

We understand the legal tactics used by small and large employers and are able to provide effective counsel to employees to help protect their rights. The attorneys at Larian Law Firm are aggressive and understand employment laws.

Our attorneys at Larian Law Firm want to preserve your employee rights. Call (310) 720-0505 or schedule an online contact form for a free zero-obligation consultation today.

Federal and State Employee Laws

The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency entrusted with the enforcement of federal employment laws. If an employee faces discrimination, sexual harassment, wrongful termination, or any other violation of employee rights they will file a claim with the EEOC.

It is best to file a claim with a personal injury attorney. Once you do file your complaint the EEOC will commence an investigation. Sometimes the EEOC will recommend mediation between the two parties if they both agree.

If the EEOC believes an employee’s right has been violated, they will give permission to file a civil lawsuit. In other cases, if the agency finds a violation occurs, it will attempt to settle the matter with the defendant. The EEOC will file a lawsuit sometimes if no accord is reached.

California has its own agency for employee rights. The Fair Employment and Housing Commission (FEHC) is the primary civil rights agency in the state. The FEHC is responsible for upholding the Employment and Housing Act (FEHA).

The FEHA applies to most employers and has an extensive list of protective classes in the country that an employer is prohibited from discriminating including race, sex, age, gender, and other unlisted identifiers.

California also considers harassment and whistleblowing are also considered an act of discrimination. The FEHA and FEHC regulations are composed to protect the employee.

Common Practices in Employment Law

Employment law covers a variety of rights, benefits, and protections. These laws are meant to protect a person from unfair treatment by a current or prospective employer. A practiced employment attorney can help you identify and execute your employee rights.

Workplace Discrimination

Federal law forbids discrimination or disparate treatment. Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination for people who fall into listed categories.

An employer is prohibited from discriminating includes but are not limited to:

  • Race;
  • Religion;
  • Ancestry and national origin;
  • Age;
  • Disability;
  • Gender;
  • Marital Status; and
  • Sexual orientation.

Any kind of harassment can be considered an act of discrimination as well under FEHA.

Wrongful Termination

When workplace discrimination has reached an apex, wrongful termination may occur. If an employer terminates an employee due to discrimination is a violation of worker’s rights.

In California, employees without an employment contract generally can be terminated with or without a cause at any time. Employees terminated without reason related to work performance can file wrongful termination. An employee can file wrongful termination if they’ve been fired due to whistleblowing, taking medical leave, or leaving to serve in the armed forces.

Wrongful termination claims can be filed at the state or federal level.

Wage and Hour

Employment law sometimes has cases connected to an employee’s wages and hours. California has a minimum wage requirement of $10 or $10.50 an hour. Employers are not required to pay higher wages if an employee agreed to the minimum wage in their contract.

Employers who do not pay overtime to a wage earner are violating employee rights. Often times, an employer will not pay an employee on time. If an employer is negligent and continues to not pay the worker, a plaintiff can file a claim.

The Employee Retirement Income Security Act (ERISA) and the Health Insurance Portability and Accountability Act (HIPPA) govern the federal statues for employee benefits. Employers who’ve promised benefits for their employees must fulfill their obligations under employment laws.

Family Leave

The Civil Rights Act of 1964 dictates that employers are required to give extended leaves of absence for employees under specific circumstances. The Family and Medical Leave Act encompasses both private and public companies. An eligible worker is allowed 12 weeks off within a 12 month period.

An employer must let the employee return to the same or similar job after the unpaid leave. Some situations that make an employee eligible for family leave include:

  • The birth of a child
  • Certain needs associated with active-duty military spouse, child, or parent
  • Adoption or fostering of a child
  • A serious health problem for the employee’s parent, spouse, or child
  • A serious health problem for the employee

Worker’s Compensation

An employer is required to pay worker’s compensation if an employee is injured on the job. Normally, this means the employee is paid while recovering from their injuries. In some cases, employees are entitled to benefits during the duration of their healing.

If an employer refuses to pay “workers comp” for an employee, the employee can file a claim. Some injuries that may qualify for workers comp include:

  • Head injury
  • Back injury
  • Neck injury
  • Carpal tunnel syndrome
  • Knee injury
  • Foot injury
  • Construction accidents
  • Chemical exposure
  • Shoulder injury
  • Elbow injury
  • Hand injury
  • Hearing loss

Our Areas of Practice

Our firm is available to review your employment agreement; during our review, we will assess the terms of salary, commission, bonuses, non-solicitation covenants, and non-compete agreements which may be included.

Larian Law Firm is knowledgeable in employment laws and litigation. Our areas of practice include:

Larian Law is here to help you.

Legal issues can be very complex and sometimes intimidating. When you are facing an important legal matter you should consult a knowledgeable and thoughtful attorney you can count on to stand by you, help you navigate the complex legal issues and get you the best result. We are that firm.

Fast, Friendly, Free Case Evaluation

Call us at (310) 720-0505 or submit your information below for our lawyer to contact you for a free, no-obligation case review.